The parties in Smith v. AFSCME Council 8, S.D. Ohio Case No. 2:18-CV-1226, entered into a settlement agreement requiring the American Federation of State, County and Municipal Employees (“AFSCME”) to cease implementing its “window policy” – i.e., a policy that allowed employees to opt-out of mandatory union dues but only within a small window of time […]
In the case of State ex rel. Bristow v. Baxter, 2019-Ohio-214, an Ohio appellate court held that a public records requestor was entitled to statutory damages as the public office failed to make any response to the requestor for more than two and a half months. In this case, the requestor made a total of […]
In the case of Kebler v. CaseFusion Corporation, 7th Cir. No. 17-1206 (Jan. 23, 2019), an Illinois federal appellate court held that the Age Discrimination in Employment Act (“ADEA”) does not protect job applicants from disparate impact based on age. While the federal appellate court found that the ADEA protects job applicants and current “employees […]
On January 18, 2019, Matthew John Markling is giving a legal update to superintendents at the Fairfield County Educational Service Center. The Fairfield County Educational Service Center exists for the purpose of providing student centered educational leadership and supportive services to meet the individual and collective needs of the staff, students and boards of education […]
In the case of D.M. v. Bd. of Edn. Toledo Pub. Schs, N.D.Ohio No. 3:18CV1307, 2019 U.S. Dist. LEXIS 9252 (Jan. 18, 2019), a federal district court held that the parent of a disabled student was not required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) where “the state agency charged […]
In the case of Chillicothe Gazette v. Chillicothe City Schools, 2018-Ohio-5445, the Court of Claims adopted a special master’s report and recommendation finding documents regarding appointed insurance legal counsel are not public records when the records are created, maintained, and stored by the insurance company only. This case involved public records requests seeking records pertaining […]